How do aliens avoid being deported in Immigration Court?
If the immigration judge finds that the INS has not met its burden of burden of proof by “clear and convincing evidence,” then the case is terminated, and the alien is free to disappear back into the United States. But if the alien is found removable, the alien can apply from a laundry list of relief from removal contained in the Immigration and Nationality Act (INA) in order to prevent being issued an order of deportation. That’s why “removal” proceedings really should be called “get to stay” proceedings. Here’s the proof.